property
probate
Probate is the court-supervised legal process of settling a deceased person's estate. The court confirms whether a will is valid, appoints an executor or administrator, oversees payment of debts and taxes, and authorizes distribution of property to heirs or devisees. Real estate held in a living trust or in joint tenancy with right of survivorship generally passes outside of probate. Procedures vary by state.
- Exam tip
- Property that passes by right of survivorship or through a trust avoids probate. Probate occurs whether a person dies testate or intestate.
- Example
- After a widower dies with a will, the probate court validates it and authorizes his executor to sell his $320,000 house and divide the proceeds among his children.
Related terms & state variants
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Last verified: 2026-10-23